Defendants met their initial burden of establishing that plaintiff has not sustained a "serious injury" within the meaning of Insurance Law § 5102 (d), and plaintiff's submissions failed to raise an issue of fact.
The affirmation of a nontreating physician based upon his first and only examination of plaintiff two years after the accident, in which the only abnormality noted was the subjective finding of "tenderness" of plaintiff's cervical spine, without supporting...
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